Section 33A Disclaimer or forfeiture of giftF1

(1)

This section applies where a will contains a devise or bequest to a person who—

(a)

disclaims it, or

(b)

has been precluded by the forfeiture rule from acquiring it.

(2)

The person is, unless a contrary intention appears by the will, to be treated for the purposes of this Act as having died immediately before the testator.

(3)

But in a case within subsection (1)(b), subsection (2) does not affect the power conferred by section 2 of the Forfeiture Act 1982 (power of court to modify the forfeiture rule).

(4)

In this section “ forfeiture rule ” has the same meaning as in the Forfeiture Act 1982.

Annotations

Textual amendments

F1: S. 33A inserted (E.W.) (1.2.2012) by Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 (c. 7), ss. 2(2), 4(2) (with s. 4(4)); S.I. 2011/2913, art. 2

Notes on the whole Act

Textual amendments

F1: Act (except s. 1 in part and s. 11) repealed (N.I.) (1.1.1995) by S.I. 1994/1899 (N.I. 13), art. 38, Sch. 3 (with art. 36, Sch. 2 para. 15(1)-(3)); S.R. 1994/372, art. 2